K.M. LATHEEF Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) The above writ petition and the contempt case are materially connected. Petitioner in the writ petition and the contempt case is one and the same person. The contempt case is filed complaining that the interim order passed by this Court on 02.02.2018, directing the 3 rd and 4th respondents to pay an amount of Rs.79,04,563/- to the petitioner within two months from the date of receipt of a copy of the order, is not complied with.

(2.) Petitioner is a contractor, who has entered into Ext.P1 Consultancy Agreement dated 07.10.2014 with the 4th respondent, for preparing Detailed Project Report for the construction of Roads and Bridges in various Tribal colonies in 13 Districts of Kerala. According to the petitioner, the work entrusted with the petitioner as per the agreement was satisfactorily completed and thereafter, Ext.P2 bill was prepared for an amount of Rs.1,35,85,362/-, and after deducting service tax, an amount of Rs.1,20,90,924/- is due to the petitioner. It is also the case of the petitioner that, the work awarded to the petitioner is the work sponsored by the 6th respondent, and for effecting the payment, 6 th respondent sanctioned and deposited the amount with the 1st respondent during March, 2015. However, an amount of Rs.79,04,563/- is still outstanding to the petitioner and in spite of lapse of two years, no action is initiated.

(3.) The 1st respondent has filed a counter affidavit, virtually admitting the contract awarded to the petitioner. It is submitted that the 1st respondent is the nodal agency for availing RIDF loans for various schemes across the State and also for disbursement of the amounts to the scheme Implementing Department/Agencies, as the case may be. Usually, while approving the schemes under RIDF, 6th respondent initially sanctioned 20% of the approved total cost, as mobilization advance, which was later adjusted from the subsequent release of RIDF share. The 6th respondent release funds only on reimbursement basis except mobilization advance. Thus the amount of RIDF share received from 6th respondent is being released, along with the State share if eligible, to the Administrative Department concerned for onward disbursal to the implementing Departments/Agencies, based on the fund release requests received from that end.